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In each sale, the seller intends to induce the buyer to contract. In which situation is the seller’s…

Section 17 ordinarily treats silence as insufficient for fraud. It can amount to fraud when the seller has a duty to speak or silence amounts to a representation. The buyer…

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In each sale, the seller intends to induce the buyer to contract. In which situation is the seller’s silence equivalent to speech under section 17 of the Indian Contract Act, 1872?

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Answer and explanation

Correct answer A

Section 17 ordinarily treats silence as insufficient for fraud. It can amount to fraud when the seller has a duty to speak or silence amounts to a representation. The buyer explicitly made silence an affirmation of ownership in the stolen-car scenario.

Option feedback

Option A

The buyer expressly made silence an affirmation of ownership. The seller knowingly lets that false affirmation stand.

Option B

The facts show no duty to disclose or circumstances making silence an affirmation.

Option C

An undisclosed market forecast is not an affirmation on these facts.

Option D

The edition is identified accurately and the facts show no duty to discuss a newer one.

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